Citation Nr: 21076892
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 19-05 739A
DATE: December 28, 2021

ORDER

The appeal seeking entitlement to service connection for sleep apnea is dismissed.

FINDING OF FACT

In November 2021, the Veteran submitted a statement indicating that he would like to withdraw his appeal for service connection for sleep apnea.

CONCLUSION OF LAW

The criteria for dismissal of the appeal seeking entitlement to service connection for sleep apnea have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1976 to August 2006.    

This matter is before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).    

Withdrawal

A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his or her authorized representative. Id.    

1. Entitlement to service connection for sleep apnea.

In November 2021, the Veteran submitted a signed statement entitled "Notice to remove my VA appeal for sleep apnea" wherein he wrote "To whom it may concern, this letter is to request my final appeal be removed from the list of awaiting appeals. I have decided to go a different direction in this process." The Board notes that the Veteran's statement includes his name, social security number, signature, and statement requesting that the pending appeal be withdrawn, in accordance with 38 C.F.R. § 20.205. Accordingly, the Board no longer has appellate jurisdiction and can take no further action on these matters. Id.  

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Ruiz, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.